Assessing the damages resulting from competition law infringement is one of the main focal points of private antitrust litigation. However, in almost all cases, the assessment of damages and causation requires an expert with specialized expertise. Below, we review the methods available in the Hungarian legal system for providing expert evidence. In particular, we will show that the law only provides limited options in cases requiring special expertise. Moreover, this limitation may be even more pronounced due to the seemingly obscure nature of case law interpretations related to private expert evidence – interpretations that are currently being formulated.
The Double Jeopardy (Ne Bis in Idem) Saga of Slovak Telekom is Finally Resolved
On June 9, 2021, the Slovak Supreme Court finally ended its long-running proceedings against Slovak Telekom (ST). The case involved a more than EUR 17 million fine against ST for the abuse of a dominant position and resulted in an important decision regarding the application of the ne bis in idem principle in Slovak law.
Croatia: WhatsApp Correspondence Constitutes Credible Evidence of Anti-Competitive Agreements
On July 21, 2021, the Croatian High Administrative Court confirmed the Croatian Competition Agency’s (CCA) cartel decision adopted against 14 Croatian driving schools. In its infringement decision dated December 30, 2019, the CCA established the existence of a price-fixing cartel between 14 Croatian driving schools and imposed fines in the total amount of HRK 415,000 (approximately EUR 55,500). During this cartel investigation the CCA conducted several dawn raids and established the existence of a price-fixing cartel based on, inter alia, WhatsApp correspondence exchanged between representatives and employees of cartel members. Based on CCA’s infringement decision, the content of exchanged WhatsApp correspondence between cartel members referred to the coordinated price increases for driving lessons starting from the beginning of 2018.
Serbian Antitrust and Competition in 2020 and 2021
In 2020 and 2021 there were no developments towards the adoption of the new law and bylaws regarding competition/antirust (a process that started in 2017), probably due to the coronavirus pandemic. Certain changes in respect to the enforcement of competition rules were introduced during 2020, due to COVID-19, such as a new manner of communicating with the Serbian Competition Commission, a prolongation of the deadlines during the state of emergency in Serbia, etc. However, all subject changes have been put out of force and are being restored to the state prior to COVID-19.
North Macedonia: Transparency and Confidentiality in Competition Proceedings
North Macedonia introduced its first competition law in 1999, however, the law that is now applicable was adopted in 2010. With this law, North Macedonia brought its harmonization of competition rules with the EU acquis closer.
Liberalization of the Fuel Market in Slovenia – Evaluation of the impact of Price Transparency
When in September 2020 the Slovenian government decided that price control measures in the fuel products market were no longer necessary and fully liberalized the market, one of the expected benefits was a positive impact on the price competition.
Albania’s Antitrust Framework on the Way to EU Accession
As one of the next wave candidates for membership in the European Union, Albania went a long distance in the harmonization of its legal framework with the acquis communautaire in recent years. The most recent country progress report of the European Commission, issued as part of the 2020 Enlargement Package for the Western Balkans, recognized the legislative efforts of the country to align its legal framework to EU requirements and to enhance the country’s ability to assume the obligations of membership.Albania first ventured into the legal regulation of antitrust in 1995 by introducing a law On Competition, which dealt with antitrust, as well as with unfair competition and consumer protection matters. As a first attempt, it raised a lot of questions, but it also opened the topic of competition law in the country and served as a starting point in developing the relevant legal framework.
Individual Exemption of Distribution Agreements in Bosnia and Herzegovina
Distribution agreements are a necessary legal basis for any distribution chain across industries, and are very important both for the cooperation of companies within individual countries, and for the cooperation of distribution chain companies coming from different countries. In an attempt to retain or conquer the market, certain companies (manufacturers or main distributors) may try to restrict local distributors or wholesalers to selling only their products or to selling at certain prices, by imposing specific distribution conditions on them in (exclusive) distribution agreements. Most of those companies are not aware that such imposed distribution conditions are prohibited by law and that very high penalties are prescribed for such actions in Bosnia and Herzegovina.
Guest Editorial: Turning Crisis into Opportunity
In my career, I have lived through four crises. In 1991, when I started a legal business, there was a total economic collapse, with a shortage of the most basic essential goods – no furniture or computers, or even proper light bulbs for the office. Then there was the ‘Russian’ crisis of 2000, a crisis of foreign currency and the ruble. The one of 2008-2010 followed. And now we have the COVID-19 pandemic – perhaps not so much an economic crisis as one arising from a climate of uncertainty.
Poland’s Residential Rise
Recent post-Covid months have shown some interesting positive trends on the Polish real estate market with a few surpassing expectations.
New Technologies in Poland: Legal Framework, Trends, and Developments in TMT
Over the past couple of years, Poland has become a leading player in the European IT market. According to Eurostat, there are approximately 554,000 IT specialists living in Poland. Although this is less than 5% of the total IT workforce in the EU, the number is constantly growing. It is also widely recognized that Polish IT specialists are well trained. If you also consider the convenient geographical location between West and East and the stable economic situation, it is no surprise that many foreign companies have found Poland to be a promising place to develop software and carry out related research and development activities.
Challenges of M&A on Poland’s New Tech Market
Innovative technologies, software development, and gaming are becoming an increasingly important part of not only Poland’s M&A market but of the whole region. The greater presence of global tech investors seeking potential acquisitions in Poland is putting pressure on local developers to keep up with international standards and the fast pace of the acquisition process.
The Polish-Ukrainian Connection: Interview with Marcin Wierzbicki of Konieczny Wierzbicki
Poland and Ukraine – a distinct pairing some would say. The two European countries are close to one another – both geographically and historically – yet, while they share a lot of similarities, they remain quite distinct. Given the sheer size of these countries and economies, their relationship, and a growing amount of investor interest – going both ways – we took a deeper dive to explore what makes their relations tick. And what better way is there to understand the countries’ entangled relationship than to talk to someone with Marcin Wierzbicki’s profile? Born and raised in Poland, the Konieczny Wierzbicki Managing Partner has had the opportunity to spend quite some time in Ukraine and, as such, has a unique perspective on both countries and their respective markets.
Poland’s (Infra)Structural Foundations: Are PPPs Still the Future?
Even though situated at the outskirts of the EU, Poland undoubtedly serves as one of the main pathways into the Union’s affluent west. The importance of its infrastructure is reflected in its prioritized investment position. Looking at investments made by the European Investment Bank alone, one could see that out of the EUR 79.8 billion invested in the country since 1990, about 47% went to infrastructure.
Guest Editorial: Polish Lawyers Keeping Busy Despite Past Worries
2021 turned out to be a surprise and many 2020 predictions concerning the legal market have not come true (luckily!). Despite predictions, legal advisors continue to be extremely busy. This is especially the case in M&A, real estate, and restructuring.
Rimac Goes Hyper
Earlier this year, the start-up scene in Croatia picked up speed with the Rimac Automobili – Bugatti deal. The burgeoning Croatian manufacturer, which focuses on constructing electric hypercars, struck a deal with global automotive giant Bugatti, a subsidiary of Volkswagen, to form a joint venture for the production of next-generation supercars.
A Silver Anniversary: Schoenherr Romania Celebrates 25 Years
This year marks Schoenherr Romania’s 25th anniversary. To mark the occasion, CEE Legal Matters spoke with Schoenherr’s Romanian office Managing Partner Sebastian Gutiu as well as with Michael Lagler, the firm’s Managing Partner, and Partner Christoph Lindinger, who established the Romanian office and was the main driver behind Schoenherr’s expansion into Central and Eastern Europe.
A New Era for Consumer Rights
Directive 2019/2161 of the European Parliament aims to ensure better enforcement and the modernization of EU consumer protection rules. The Omnibus directive is also known as the consumer GDPR because it sets forth hefty fines for infringements of the regulatory framework on consumer rights protection. The Omnibus directive must be transposed into the national legislation by November 28, 2021.